THIS PAGE WAS PRINTED FROM WINDSIM.COM © 2010

Terms of Use

WindSim operates this Website to provide online access to information about WindSim and the products and services we provide. By accessing and using this Website, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to Privacy and Copyright are also posted in particular areas of the Website and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.” WindSim reserves the right to modify this Agreement at any time without prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.

1. Use of Website

You may use the Website, and the information, solely for learning about WindSim products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. WindSim reserves complete title and full intellectual property rights in all Content.

2. Trademarks

The WindSim name and logo and all related product and service names, design marks, logos and slogans are either trademarks or registered trademarks of WindSim. All other product names and trademarks contained herein are the trademarks of their respective owners. You are prohibited from using any of the WindSim marks or other logos appearing throughout the Website without permission from the trademark owner, except as permitted by applicable law.

3. Links to Third-Party Websites

Links to other Websites or references to products, services or publications, other than those of WindSim at this Website, do not imply WindSim’s endorsement or approval of such Websites, products, services or publications, nor are such links or references any indication that WindSim has received specific authorization to provide these links or references.

WindSim does not endorse, approve, certify or control these external Websites, and is not responsible for the accuracy, timeliness, completeness, efficacy, merchantability, or fitness for any particular purpose or correct sequencing of information located at such websites. Rather, the links on this Website to other Websites are provided solely as a convenience to users of this Website.

4. Linking to this Website

If you would like to link to the Website, you must follow WindSim’s link guidelines. Unless specifically authorized, you may not create links to this website that bypass the home page or other parts of the Website. You may not frame the home page or any other pages of this Website on any other website or web page.

5. User Conduct

You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties.

6. Disclaimer of Warranties

WINDSIM MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE OR THE CONTENT. WINDSIM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WEBSITE. WINDSIM DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. WINDSIM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

7. Limitation of Liability

IN NO EVENT WILL WINDSIM BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICE, OR THE CONTENT, EVEN IF WINDSIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, WINDSIM’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. Indemnification

You understand and agree that you are personally responsible for your behavior on the Website. You agree to indemnify, defend and hold harmless WindSim, its parent companies, subsidiaries, affiliated companies, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Website, the Service, or the Content, or any violation by you of this Agreement.

9. User Supplied Information

WindSim does not wish to receive confidential or proprietary information from you via this Website. You agree that any material, information, or data you transmit to us or post to the Website will be considered non confidential and non proprietary.

10. Password Security

If you are issued access to a WindSim.com web service, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

11. General Provisions

Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by WindSim of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. WindSim therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. WindSim does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, WindSim’s Privacy Policy, your use of the Website, any other WindSim website, the Service, or the Content are governed by, and will be interpreted in accordance with Norwegian law without regard to any conflict of laws provisions.